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Resolution 1999-53 (GIDA/City/CDA ) " . . RESOLUTION NO. 99-53 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF AN AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEl\iIENT RELATING TO THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY WHEREAS, the City of Gilroy, California (the "City"), has expressed an interest in participating in the economic development financing programs (the "Programs") in conjunction with the parties to that certain Amended and Restated Joint Exercise of Powers Agreement Relating to the California Statewide Cortnnunities Development Authority, dated as of June 1, 1988 (the "Agreement"); and WHEREAS, there is now before this City Council the fonn ofthe Agreement; and WHEREAS, the City proposes to participate in the Programs and desires that certain projects to be located within the City be financed pursuant to the Programs and it is in the public interest and for the public benefit that the City do so; and WHEREAS, the Agreement has been filed with the City, and the members of the City Council of the City, with the assistance of its staff, have reviewed said document; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY AS FOLLOWS: Section 1. The Agreement is hereby approved and the Mayor or the City Manager or designee thereof is hereby authorized and directed to execute said document, with such changes, insertions and omissions as may be approved by said Mayor or City Manager, and the City Clerk or such Clerk's designee is hereby authorized and directed to affix the City's seal to said document and to attest thereto. Section 2. The Mayor, the City Manager, the City Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized. DOCSSF1:3S8410.1 40929-222 ADl . . Section 3. The City Clerk of the City shall forward a certified copy of this Resolution and an originally executed Agreement to: Ana Marie del Rio, Esq. . Orrick, Herrington & Sutcliffe LLP Old Federal Reserve Bank Building 400 Sansome Street San Francisco, California 94111 Section 4. This resolution shall take effect immediately upon its passage. ADOPTED by the City Council of the City of Gilroy at a regular meeting of said Council held on the 14 t Hiay of June, 1999, by the following vote: AYES: COUNCILMEMBERS: Arellano, Morales, Rowlison, Springer, Sudol, and Gilroy NOES: COUNCILMEMBERS: None ABSE~: COUNCILMEMBERS: Gifford Mayor K. A. MIKE GILROY ATTEST: ~~, City Clerk RHONDA PELLIN RESOLUTION NO. 99-53 DQCSSFl:35841O.1 . 40929-222 AD I 2 ,. . . AMENDED AND REST ATEO JOINT EXERCISE OF POWERS AGREEMENT - RELATING TO THE CALIFORNIA STATEWIDE COMMUNITIES. DEVELOPMENT AUTHORITY ' THIS AGREEMENT. ~ate6 as of June 1. 1988. by ana among the parties executing this Agreement (all such parties. except those which have withdrawn in accordance with Section 13 hereof, being herein referred to as the .pro;ram participants.): WITNESSETH WHEREAS, pursuant to Title 1, Division 7. Chapter.S of the Goverr...'1IentCode of the State of California (the -Joint Exercise of powers ActIO). two or more public' agencies may by agreement jointly exercise any power common to the contracting parties; and WHEREAS. each of the pro;ram participants is a .public agency. as that term is defined in Section 6500 of the Government Code of the State of California, and WHEREAS. each of the program participants is empowered to promote economic development, including, without li:itation, the prom6tiOn of opportunities for the creation or retention of employment. the stimulation of economic activity. and the increase of the tax base, witbin its boundaries; and WHEREAS, a public entity established pursuant to the Joint Lxercise of powers Act is empowered to issue industrial development bonds pursuant to the California Industrial Development Financing Act (~itle 10 (commencing with Section 91500 of the Government Code of the State of California)) (the -Act.) and to otherwise undertake Linancing programs under the Joint Exercise of powers Act or other applicable provisions of law to promote economic development through the issuance of bonds. notes, or other evidences of inoebtedness. or certificates of participation in leases or other agreements (all such instruments being herein collectively referred to as -Bonds.); and WHEREAS, in order to promote economic development within the State of California, the County supervisors . Association of California (-CSAC.), together with the California Manufacturers Association. has established the Bonds for Industry program (the .program-). . . WHEREAS. in furtherance of the Program, certain California counties (collectively, the -Initial Participants.) have entereO into that certain Joint Exercise of powers Agreement dateO ~s of Nove~er lS, 19S7 (the -lnitial Agreement-), pursuant to which the Califo-ruie Counties Industr"ial Development Authority has been esteblishe~ as a separate entity under the Joint Exercise of powers Act for the purposes ane with the powers speci~ieO in the Initial Agreement; and WHEREAS. the League of California Cities ("LCe-) has determined to join as a sponsor of the program and to actively participate ir the administration of the Authority; and WHEREAS. the Initial Participants have det~rmined to specifically authorize the Authority to issue Bonds pursuar.t to Article 2 of the ~oint Exercise of Powers Act (~Article 2-) and Article ~ of the Joint Exercise of Powers Act (-Article 4-), as 'Well ~_s may be al.1thorized by the Act or other applicable law; and WHEREAS. the Initial Participants desire to rename the California Counties Industrial Development. Authority to better reflect the additional sponsorship of the Programi.and WHEREAS. each of ~he Initial Participants has determined that it is in the public interest of the citizens "..ithin its boundaries, and to the benefit of such Initia-l Participant and the area and persons served by such Initial Participant. to amend and restate in its entirety the Initial Agreement in order to implement the provisions set forth above; and WHEREAS, it is the desire of the pro;ram Participants to use a public entity established pursuant ~o the Joint.Exercise of powers Act to undertake projects within their respective jurisdictions that may be financed with Bonds issued pursuant to the Act. Article 2, Article ~, or other applicable provisions of law; and WHEREAS, ~he projects undertaken will result in significant public benefits, including those publiC benefits set forth in Section 91502.1 of the Act, an increased level of economic-activity, or an increased tax base, and will. therefore serve and be of benef!t to the inhabitants of the jurisdictions of the program Participants; NOW, THEREFORE, the Program Participants, for and in consideration of the mutual promises and agreements herein contained, 00 agree to restate and amend the lnitial Agreement in its entirety to provide as follows: . . Section 1. Purpose. This Agreement is made pursuant to the provisions of the Joint Exercise of Powers Act, relating to the joint exercise of powers common to public a;encies, in this case being the Program Participants. ,The Program Participants each possess the powers referred to in the recitals bereof. The purpose of this Agreement is' to establish an agency for, and with the purpose of~ issuing Bonds' to finance projects within the territorial limits of the Program Participants pursuant to the Act. Article 2, Article 4, or other appliable provisions of law; provided. however that nothing in this Agreement shall be const-rued as a limitation on the rights of the Program Participants to pursue economic development outside .of this Agreement. including the rights to issue Bonds through industrial development 'authorities under the Act. or as . otherwise permitted by law. Within the various jurisdictions of the Program participants such purpose will be accomplished and said power& exercised in the manner hereinafter set forth. Section 2. Term. - ~his Agreement shall become effective as of the date hereof and shall continue in full force and effect for a ~c;icd of forty (40) years from the date hereof, or untii such time as it is terminated in writing by all the Program Participants; provided, however. that this Agreemeni shall not terminate or be terminetec until the date on which all Bonds or other indebtedness issued or caused to be issued by the Authority shall have been retired, or full provision shall have been made for their retirement, including interest until their retirement ~ate. Section 3. ~uthortty. A. CREA"I'ION AND POWERS OF AUTHORITY. (1) pursuant to the Joint Exercise of Powers Act. there is hereby created a public entity to be known as the .California State~ide communities Development Authority. (the ~ -Authority.), and said:AuthOrity shall be a public entity !: separate and apart fro~ the Program Participants. Its debts. d liatilities and obligations do not constitute debts. liabilities or obligat~ons of any party to this Agreement. I I COMMISStON. . -' B. The Authorit~ shall be administered by a Commission (the .Commission-) which shall consist of seven members. each 3 . . serving in his or her individual capacity as a member of the Comrr.ission. The Cormnission shall be the administering agency of this Agreement, and, as such, shall be vested with the powers set forth herein, and shall execute and administer ~his Agreement in accoraanee with the purposes anO functions provided herein. . Four members of the Commission shall be appointe~ by the governing body of CSAC end three members of the commission shall be appointed by the governing body of LCC. Initial members of the Commission shall serve a term ending June 1. 1991. Successors to such members shall be selected in the manner in which the respective initial member was selected ano shall serve a term of three years. An~ appointment to fill an unexpired term, however. shall be for such unexpired term. 'Ihe term of office spec.ifiec above shall be applicable "unless the term of office of the respective member is terminated as hereinafter provided, and provi~e~ that the term of any member shall not expire until a successor thereto has been appointed . as provided herein. Each of CSAC and Lce may appoint an alternate member of the Com~ission for each member 'of the Commission which it appoints. Such alternate member may act 'as a member of the Comm:ssion in place of and Ouring the absence or disability of such regularly appointed member. All references in this. ~;:acment to any member of the Commission shall be Oeemea to refer to and include the applicable alternate member wheD so acting in place. of a regularly appointed ~ember. tach member or alternate member of the commission may be removed and replacea at any time by the governing body by which such member was appointed. AnY indivi~uBl, including any member of the governing body or staff of CS~c or LeC, shall be eligible to serve as a member or alternate member of the Commission. .. Members anO alternate members of the Commission shall not "receive any compensation for ser~ing as such but shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a member or alternate member, if the commission shall Oetermine that such expenses shall be reimbursed and there are unencumbereO.funds available for such purpose. c~ OFF1CtRS: DUTIES; OFFICIAL BONDS. The Commission shall elect a Chair. a vice-Chair, and a Secretary of the Autho~ity from among'its members to serve.for such term as shall be determined by the commission. The Co~~ission shall appoint one or more of its officers or J; . .' . J employees to serve as treasurer, auditor, and controller of the Authority (the -Treasurer-) pursuant to section 6505.6 of the Joint Exercise of powers Act to serve for such term as shall be determined by the Commiss,ion. subject to the applicable provisions of any resolution. indenture or other instrument or proceeding authorizing or securinq Bonds (each such resolution, indenture, instrument and proceeding being herein referred to as an · Indenture-) provicHng for a trustee or other fiscal agent, the Treasurer is designated as ~he depositary' of the Authori ty to have custody of all money of t.he Authority, from whatever source derived. The Treasurer of the Authority shall have the powers, duties and responsibilities specified in Section 6505.5 of the ~oint Exercise of powers Act. The Treasurer of the Authority is designated as the public officer or person who bas charge of, handles, or has access to any property of the Authority, and such officer shall file an official bond with the Secretary of the Authority in the amount specified by resolution of the commission but in no event less than $1,000. If and to the extent permitted by law, any such officer'may satisfy this requirement by filinq an official bonO in at least said amount obtained in connection with another public office. . The commission shall have the power to appoint such c~:.et officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants. The commission shall h~ve the power~ by resolution, to the extent permitted by the Joint Exercise of powers Act or any other applicable law. to deleg!te any of its functions to one or more of the members of the comrniss'ion or officers or agents of the Authority and to cause any of said members. officers or agents to take any actions and execute any document~ or instruments for and in the name and on behalf of the Commission or the Authority. D. MEE"I'INGS OF THE COMMISSION. (l) Reaular Meetincs. The Commission shall provide for its regular meetings; provided, however. it shall hold at least one regular meeting each year. The date, hour and place of the holding of the regular meetings shall be fixed by resolution of the Commission and a copy of such resolution shall be filed ~ith each party hereto. s . " . .. (5) Quorum. A majority of the members pf the commission which' inclu~es at least one member appointeO by the ~overnin9 boOy of e!ch of CSAC and Lee shall constitute a quorum for the trans!ction of business. No action'may be taken by tbe CO~~lssion except.~pon ~he affirmative vote of a majority of the members of the Commission which incudes at least one men'.ber appointed by the governing body of each of CSAC and Lee, except th!t less than a quorum may adjourn a meeting to another time and place. :E. RULES AND REGUI.A"IIONS. ~he Authority may adopt, from time to time, by resolution of the Commission such rules end regulations for the conduct of its meetings and affairs as may be required." Section 4. Powers. ~he Authority shall have any anO all powers relating to economic cevelopment authorized ~y law to each of the parties hereto and separately to the public entity herein cre!ted. including, without limitation, the promotion of opportunities for the creation and retentiop of employment. the stimulation of economic Ictivity, and the increase of the tax base, within the jurisdictions. of. such parties.", Sueh powers shall incluoe the common powers specified in this 6 . . Agreement and may be exercised in the manner and according to the method provided in this Agreement. All such powers common to the parties are specified as powers of the AuthOrity~ The Authority is hereby authorized to do all acts necessary for the exercise of such powers, including, but not limiteO t9, any or all of the following: to make and enter into contracts: to employ agents and employees; to acquire, construct, provide for maintenance and operation of, or maintain and operate, any buildings, works or improvements; to acquire, hold or .dispose of property wherever located: to incur debts, liabilities or obligations; to receive.gifts, contributions and donations of property, funds, ser~ices and other forms of assistance from persons, firms, corporations' and any governmental entity; to sue and be sued in its own name; and generallY to do any and all things necessaTY or convenient to the promotion of economic development, including without limitation the 'promotion of opportuni~ies for-the . creation or retention of employment, the stimulation of economic activity, and the increase of the tax base, all as herein contemplated. without limiting the generality of the foregoing, the Authority may issue or cause to be issued bonded and other indebtedness, and pledge any property or revenues as security to the extent permitted under the Joint Exercise of powers Act, including Article 2 and Article 4, the Act or any other applicable provision of law. The manner in which the Authority shall exercise its ~owers and perform its duties is and shall be subject to the restrictions upon the manner in which a California county could exercise such powers and perform such duties until a Cal~fornia general law city shall become a Program Participant, at which time it shall be subject to the restrictions upon. the manner in which a California general law city could exe_rcise such powers and perform such duties. The manner in which the Authority shall exercise its powers and perform its duties shall not be subject to any restrictions applicable ~o the manner in which any other public ~gency could e~ercise such powers or perform such duties, whether such agen~y is a party to this Agreement or not. . Section 5. Fiscal Year. For the purposes 'of this Agreement, the term -Fiscal Year- shall mean the fiscal year as established from time to time by the Authority, being, at ~he date of this Agreement, the period from July 1 to and including the following June 30, e~cept for the first Fiscal Year which shall be the period from the date of this Agreement to June 30, 1988. 7 .jQh~ . . Section 6. Disposition of Assets. At the end of the term hereof or upon the earlier ~ermination of this A;reement as set forth in Section 2 hereof, after payment of all expenses anO liabilities oftbe Authority, all property of the Authority both real and personal shall automatically vest in the Program Par~icipants and shall thereafter remain the sole property of the Program Participants; provided, however, tbat any su~plus money on hand shall be returned in proportion to the contributions made by ~he Frogram Participants. Section 7. Bonds. The Authority shall issue Bonds for the purpose of exercising its powers and raising the funds necessary to carry out its purposes under this Agreement. Said Eones may, at the discretion of Au~hority, be issued in series. The services of bond counsel, financing consultants and other consultants and advisors working on the projects and/or. their financing shall be used by the Authority. ~be fees and 'expenses of such counsel, consultants, advisors, and the expenses of CSAC, LCC. and the Commission shall be paid from the proceedS of the Bonds or any other unencumbered tunas of the Authority available for such purpose. Section S. local Approva'. A copy of the application for financing of a project shall be filea by the Authority with the Program Participant in whose jurisdiction the project is to be locateO. The Authority shall not issue Eones with respect to any project unless the governing body of the Frogram Participant in whose jurisdiction the project is to be locateO. or its duly' . autborized designee, shall approve, conditionally or unconditionally, the project, incluOing the issuance of BonOs therefor. . Action to approve or disapprove a project shall be taken within 45 days of the filing with the Proqram Participant. Certification of approval or disapproval shall be made by the clerk of the governing body of the Program Participant, or by svch other officer as may be Oesignated by the applicable Program Participant, to the Authority~ Section s. Bonds Only Limited 8nd Special . Obli~atjons of Authority. The Bonds, together with the interest and premium, if any. thereon, shall not be deemed to constitute a debt of any Prograrn Participant. CSAC, or Lee or pledge of the faith and creoit of the Program Participants, CSAC, LCC, or the ~ . . Authority. The Bonds sha~l be only special obligations of the Authority. and the Authority shall under no circumstances be obligated to pay the Bonds or the respective project costs except from revenues and other funds pledged therefor. Neither the program Participants. CSAC. Lee. nor the Authority shall be obli~ated to pay the principal" of, premium, if any, or interest on the Bonds. or other costs incidental there~o, except from the revenues and funds pledged therefor, and neither the faith and credit nor the taxing power of the Program Participants nor the faith and credit of CSAC, LeC, or the Authority shall be pledged to the payment of the principal of. premium. if any. or interest on the Bonds nor shall the . program Participants. CSAC, LCC. or the Authority in any . manner be obligated to make any appropriation for such payment. No covenant or agreement contained in any Bond or Indenture shall be deemea to be a covenant or agreement of any member of the Commission. or any officer. agent or employee of the Authority in his individual capacity and neither the Comrnission of the Authority nor any officer thereof executing. the Bonds shall be liable personally on any Bond or be subject to any personal liability or accountability by reason of the issuance of any Bonds. Section 10. Accounts and Reports. All fun~s of the Authority shall be strictly accounted for. The Authority shall establish and maintain such funds and accounts as may be required by qood accounting practice and by any provision of any Indenture (to the extent such duties are not assigned to a trustee of Sonds). The books and records of tbe Authority shall be open to inspection at all reasonable times by each Program Participant. The Treasurer of the Authority shall ca~se an independent audit to be made of the books of accounts and fina'nci a 1 records of the Agency by a certified publiC accountant or public accountant in compliance with the prov!isions of Section 6505 of the Joint Exercise of Powers Act: In each case the minimum requirements of the audit shall be t1hose prescribed by the State Controller for special dist,ricts under Section 26909 of the Government Code of the stat:e of California and shall conform to generally accepted audi;ting standards. When such an audit of accounts and rec9rds is made by a certified publiC accountant or public accountant, a report thereof shall be filed as publiC records wit~ each Program Participant and also with the county auditor of each county in which a Program Participant is located. Such report shall be filed within 12 months. of the end of the ris~al Year or Years under examination. 9 ~70hc. . . Any costs of the audit, including contracts with. or employment of, certified public accountants or public accountants in making an audit pursuant to this Section, shall be borne by the Authority an~ shall be a cbarge against any unencumbered funds of the Authority available f~r ~bat purpose. In any Fiscal Year the commission ~ay, by resolution adopte~ by unanimous vote, replace.tbe annual special audit with an audit covering a two-year period.. ~he Treasurer of the Authority, w~tbin 120 Days after the close of each Fiscal Year, shall give a complete written report of all financial activities for such Fiscal Year to each of the Program Participants to 'the extent such activities are not covered by the reports of the trustees for the Bonds. The trustee appointed under each Indenture~hall establish suitable funds, furnish financial reports and provide suitable accounting procedures to ~arry out the provisions of said Indenture. Said trustee may be given such duties in said Indenture as Inay be desirable to carry out this Agreement. Sect10n 11. Funds. . subject to the applicable provisions of each Indenture, which may provide for a trustee to receive. have custody of an~ disburse A~thority funds, the ~reasurer of the Authority shall receive, have the custody of ana ~isburse ~'lth!"trity funds pursuant to the accounting procedures developed under Section 10 hereof, and shall make the disbursements required by this Agreement or otherwise necessary to carry out any of the provisions or purposes of this Agreement. Section 12. Notices. . . Notices and other communications hereunder to the Program Participants shall be sufficient if Oelivered to the clerk of the 90verning body of each Program Participant. Section 13. Withdrewal end Addition of Parties. ~ program Participant may withdraw from this Agreement upon written notice to the Commis~ion; provided, however, that no such wi~hdrawal shall result in the dissolution of the Authority so long as any Bonds remain outstanding under an Indenture. Any such withdrawal shall be effective only upon receipt of ~he notice of withdrawal by the Commission which shall acknowledge receipt of such notice of withdrawal in writing and shall file such notice as an amenoment to this Agreement effective upon such filing. 10 . . Qualifying public agencies may be added as p2rties to this Agreement and become Plogramparticipants upon: (i) the filing by such public agency of an executed counterpart of this Agreement. together with a certified copy of the resolution of the governing boay of such public agency approving this Agreement an~ the execution and 4elivery hereof; and (ii) adoption of a resolution of the Commission approving the addition of such public agency as a program Participant. Upon satisfaction of such conditions, the Commission shall file such executed counterpart of this. Agreement as an amenOment hereto. effective upon such filing. Section 14. Indemnification. To the full extent permitted by law. the Commission- may authorize indemnification by the Authority of any.~erson who is or was a member or alternate member of the commission. or an officer. employee or other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding ~y reason of the fact that such person is or was such a member or alternate member of the commission, or an officer, employee or other agent of the Authority, against expenses. judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in 900d faith and in a manner such person reasonably believed to be in the best interests of the Authority and. in the case of a criminal proceeding,. had 'no reasonable cause to believe the conduct of such person was unlawful and, in the case of an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position ~ould use under similar circumstances. Section 15. Contributions and Advances. Contributions or advances of public funds and of the use of personnel. equipment or property may be made to the Authority by the parties hereto for any of .the pur~ses of this Agreement. Payment of public funds may be made to defray the cost of any such contribution. Any such advance may be made subject to repayment, and in such case shall be repaid, in the manner agreed upon by the Authority and the party making such advance at the time of .such advance. Sect ion 16. Immunities. All of the privileges anO immunities from liabilities. exemptions from laws. ordinances and rules, all pension, relief. disability. workers' compensation. and other benefits which applY to the activity of officers, agents or employees of Program participants when performing their 11 . . respective functions within the territorial limits of their respective public agencies, shall apply to them to the same degree and extent while engaged as members of the Commission or otherwise as an officer. agent or other representative of the Authority or while engaged in the performance of any of their functions or duties extraterritorially under the provisions of this Agreement. Section 17. Amendments. Except as provided in Section 13 above, this Agreement shall not be amended, modified. or altered except by a wIittel~instrument duly executed by each of the Program Participants. Section 18. Effectiveness. This Agreement shall become effective ano be in full .!orce and effect and a legal, valid ano binding obligation of. each of the program Participants at 9:00 a.m., California time, on the date that the Commission shall bave received from each of the Initial Participants an executed counterpart of this A;reement. together with a certified copy of a resolution of the governing body of each such Initial Participant approving this Agreement 2nd the execution an~ delivery hereof. Section '9. Partial Invelidity. If anyone or more of the t.rms, provlslons. promises, covenants or conditions of this Agreement shall to any extent be adjuoged invalid, unenforceable. void or voidable for any reason whatsoever by 8 court of competent jurisdiction, each and all of the remaining terms. provisions, promises, covenants and conditions of this Agreement shall not be affected thereby, and shall be valid an~ enforceable to the fullest extent permitted by law. siction 20. Successors. 7his Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Except to the extent expressly provided herein. no party may assign any right or obligation hereunder without the consent of the othe~ parties. Section 21. Miscellaneous. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 12 . . The section headings herein are for convenience only and are not to be construed as modifying or ~overning the lan9uage in the section referred to. Wherever in this Agreement any consent or approval is required. the same shall not be unreasonably withheld. This Agreement is made in the State of California. under the Constitution and laws of such state and is to be so construed. This Agreement is the complete and exclusive statement of the a9reeme~t among the parties hereto. which superce~es and merges all prior proposals~ understandin9s. and other agreements, including, without limitation, the Initial Agreement. whether oral, written, or implied in conduct, between and among the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused thi~ Agreement to be executed and attested by their proper officers thereunto duly authorized, and their official seals to be hereto affi%ed~ as of the day and year first above written. Program Participant: (SEAL] By Name: Title: - A"I"TEST: By Name: Title: 13 . . ATTACHMENT A AMENDMENT TO A J"OINT POWERS AGREEMENT FOR THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY 270 PARTICIPANTS AS OF June 8,1998 CITIES (173) City of Agoura Hills City of Alhambra City of Albany City of Altascadero City of Anaheim City of Arcadia City of Auburn City of Avalon City of Azusa City of Bakersfield City of Banning City of Beaumont City of Bell City ofBenicia City of Berkeley City ofBrea City ofBrentwood City of Buena Park City of Burbank City of Burlingame City of Campbell City of California City City of Canyon Lake City of Carlsbad City of Carson City of Cathedral City City of Ceres City of Chula Vista City of Chowchilla City of Citrus Heights City of Claremont City of Clearlake City of Clovis City of Commerce City of Corcoran City of Corona City of Cotati City of Cudahy City of Cypress Town ofDanville City of Davis City orDos Palos City of EI Cajon City of EI Centro City ofEmeryville City ofEncinitas City ofEscondido City of Etna City of Eureka City of Fairfield . City of Folsom City of Fresno City of Fountain VaUey City of Fullerton City of Glendora City of Grass Valley City of Gridley City of Hanford City of Hawaiian Gardens City of Hercules City of Hollister City of Huntington Beach City of Huntington Park City of Industry City ofInglewood City oflone City of Irvine City of La Mesa City of La Palma City of Laguna Beach City of Laguna Hills City Lake Forest City of Lake port City ofLakewood City of Lancaster City of Lathrop . \...uy Ul I'.~IAU"'.:I. City of Rial to City of Richmond City of Riverside City ofRohnert Park City of RoseviUe City of Sacramento City of Salinas Town of San Anselmo City of San Bernardino City of San Bruno City of San Buenaventura City of San Diego City of San Gabriel City of San Jose City of San Juan Capistrano City of San Luis Obispo City of San Marcos City of Sanger City of Santa Clarita City of Santa Cruz City of Santa Fe Springs City of Santa Maria City of Santa Monica City of Santa Paula City of Santa Rosa City of Sausalito. City of Seal Beach City of Seaside City of Selma City of Southgate City of South Lake Tahoe City of Stock1.on City of Sui sun City of Thousand Oaks City of Torrance Town of Truckee City of Turlock I City ofTwentynirie Palms City crUnion City City of Upland City ofVacaville City of Vallejo City of Visalia City of Vista City ofWatsonville City of West Covina . City cfLincoln City of Lindsay City of Livingston City ofLodi City ofLompoc City of Long Beach City of Los Angeles City of Los Banos City ofLynwood City of Madera City ofManteca City ofMarysville City ofMaywood City of Merced City ofMillbrae City of Mission Viejo City of Modesto City of Monterey City of Monterey Park T own of Moraga City of Moreno Valley City of Morgan Hill City of Mountain View City of National City City of Norwalk City of Nova to City of Oakland City of Oceanside City of Orange City of Oroville City of Oxnard City of Pacifica City of Palm dale City of Palos Verdes Estates City of Paramount Citv of Pasadena ., City of Pan erson City ofPetaluma City of Pin ole City of Pittsburg City of Placerville City of Pleasant on City of Pleasant Hill City of Pomona City ofPorterville City of Po way City of Redding DOCSLAl :78072.1 Page 2 of4 City of West Sacramento . City of Whittier City of Woodland COUNTIES (47) Tehama count)!. Trinity County Tulare County Ventura County Yolo County Yuba County Alameda County Butte County Calaveras County Colusa County Contra Costa County Del Norte County EI Dorado County GleM County Humboldt County Imperial County Inyo County Kern County Kings County Lake County Lassen County Los Angeles County Madera County Mariposa County Mendocino County Merced County Modoc County Monterey County Napa County Nevada County Orange County Placer County Riverside County Sacramento County San Bernardino County San Diego County San Joaquin County San Mateo County Santa Barbara County Santa Clara County Santa Cruz County Sierra County Siskiyou County Solano County Sonoma County Stanislaus County Sutter County J}ISTRlCfS (45) American River Fire Protection District Apple Valley Fire Protection District Annona Community Services District Big Bear City Community Services District Bolinas Community Public Utility District Bostonia Fire Protection District Cardiff Sanitation District Chino Valley Independent Fire District Crest Fire Protection District Davis Joint Unified School District Diablo Water District Encinitas Fire Protection District Encinitas Sanitary District Hamilton Branch Community Services District Hilmar County Water District IdyUwild Fire Protection District Irish Beach Water District June Lake Public Utility District . Keyes Community Services District Lake County Service Area No. 20 Lakeside Fire Protection District Lakeside Irrigation District Los Trancos County Water District Madera County Maintenance District No.1 - Hidden Lakes Estates Meeks Bay fire Protection District Mid Carmel Valley Fire Protection District :Millview County Water District North County Fire Protection District Oceano Community Services District Paradise Irrigation District Peninsula Library System Rancho Cucamonga Fire Protection District San Bernardino County Service Area No. 70 San Diego Rural Fire Protection District San Lorenzo Valley Water District DOCSLAI :78072.1 Page 3 of4 San Miguel Consolidated ~rotection District ... Scotts Valley County Water District Sierra Lakes County Water District Springville Public Utility District Squaw Valley County Water District Stinson Beach County Water District Tri-Cities Municipal Water District Tuolumne County Water District No.1 Upper Lake County Water District Vista Unified School District Winton Water & Sanitary District AGENCIES (4) . City of Rialto Redevelopment Agency Culver City Redevelopment Agency Peninsula Library System Whittier Redevelopment Agency CITY AND COUN1Y (1) City and County of San Francisco DOCSLAI :78072.1 . Page 4 of 4 ~ . . I, RHONDAPELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached Resolution No. 99-53 is an original resolution, duly adopted by the Council of the City of Gilroy at an adjourned regular meeting of said Council held on the 14th day of June, 1999, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 17th day of June, 1999. ~ (Seal)